HANUMAN MITTAL Vs. INDIAN RED CROSS SOCIETY HISAR

JUDGEMENT

(1.) Complainant has come up in appeal against the order dated 26th of July, 1995 passed by the learned District Forum, Hisar, for the enhancement of the rate of interest i. e. from 10% as awarded by the District Forum to 18%, or the amount deposited by the complainant as there has been inordinate delay in delivering the possession of the plot to the complainant. Reliance has been placed by the learned Counsel for the appellant on the decision of the Hon'ble National Commission in case 'estate Officer, HUDA V/s. R. D. Khurana', Revision Petition No.23 of 1994 decided on 16th of December, 1994, wherein it has been held that it has already been decided by this Commission that the direction for payment of interest @ 18% p. a. , by HUDA is perfectly just and legal in the circumstances identical to those obtaining in the present case. The revision petitions accordingly fail and they are dismissed. There will be no order as to costs. "

(2.) No doubt the Hon'ble National Commission has held that the interest can be granted evenat the rate of 18% in a given case but the facts and circumstances of the present case show that the complainant did not pay the balance amount of the price of the plot in accordance with the terms and conditions of the auction. Therefore, he cannot claim to be treated at par with the case covered by the ruling of the Hon'ble National Commission. Consequently we do not find any ground to interfere with the well-reasoned order of the learned District Forum, Hisar and dismiss the appeal.